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PEOPLE v. PELLICANO

40 A.D.2d 169 (1972)

The People of the State of New York, Respondent, v. Anthony Pellicano, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

December 12, 1972.

Attorney(s) appearing for the Case

David N. Cohen for appellant.

Willard C. Best, District Attorney (Carlton K. Brownell of counsel), for respondent.

MARSH, WITMER and MOULE, JJ., concur with DEL VECCHIO, J. P.; CARDAMONE, J., dissents and votes to reverse the judgment and grant a new trial in an opinion.

DEL VECCHIO, J. P.

Defendant has been convicted of burglary in the third degree and grand larceny in the third degree. The issue presented on this appeal involves the admissibility of defendant's confession made during custodial interrogation.

We are unable to agree with the dissenting Justice that the confession was inadmissible as a matter of law, because in our opinion defendant waived his right to...

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